House Bill 1258

AN ACT TO PROVIDE THAT DIVORCE OR ANNULMENT SHALL CAUSE
PROPERTY IN THE WILL TO PASS AS THOUGH THE FORMER SPOUSE PREDECEASED THE
TESTATOR UNLESS THE WILL EXPRESSLY PROVIDES OTHERWISE; TO AMEND SECTION 91-5-3,
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR
RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MISSISSIPPI:

SECTION
1. If after executing a will
the testator is divorced, the divorce shall cause all property in the will to
pass as though the former spouse predeceased the testator, unless the will
expressly provides otherwise. The
divorce shall also nullify any provision conferring a general or special power
of appointment on the former spouse and any nomination of the former spouse as
executor, trustee, conservator or guardian, unless the will expressly provides
otherwise. Property prevented from
passing to the former spouse because of this section shall be passed as if the
spouse predeceased the testator. Other
provisions of the will conferring a power or office on the former spouse shall
be interpreted as if the spouse predeceased the testator. Remarriage to the former spouse revives any
provisions of the will that were nullified under this section, unless another
will has been executed. For the purpose
of this section, divorce means any divorce that would exclude the spouse as a
surviving spouse within the meaning of Sections 93-5-1 and 93-5-2.

SECTION
2. If after executing a will
the testator's marriage is annulled, the annulment shall cause all property in
the will to pass as though the former spouse predeceased the testator, unless
the will expressly provides otherwise.
The annulment shall also nullify any provision conferring a general or
special power of appointment on the former spouse and any nomination of the
former spouse as executor, trustee, conservator or guardian, unless the will
expressly provides otherwise. Property
prevented from passing to the former spouse because of this section shall be
passed as if the spouse predeceased the testator. Other provisions of the will conferring a power or office on the
former spouse shall be interpreted as if the spouse predeceased the
testator. Remarriage to the former
spouse revives any provisions of the will that were nullified under this
section. For the purpose of this
section, annulment means any annulment that would exclude the spouse as a
surviving spouse within the meaning of Section 93-7-1.

91-5-3.
A devise so made, or any clause thereof, shall not be revocable but by
the testator or testatrix destroying, canceling, or obliterating the same, or
causing it to be done in his or her presence, or by subsequent will, codicil,
or declaration, in writing, made and executed, or as provided in Section 1
or 2 of this act. Every last will
and testament made when the testator or testatrix had no child living, wherein
any child he or she might have is not provided for or not mentioned, if at the
time of his or her death he or she have a child, or if the testator leave his
wife enceinte of a child who shall be born, shall have no effect during the
life of any such after-born child and shall be void unless the child die
without having been married, or without leaving issue capable of inheriting,
and before he or she shall have attained twenty-one (21) years. The estate, both real and personal, so
devised shall descend to such child in the same manner as if the testator or
testatrix had died intestate, subject, nevertheless, to the bequests made in
the last will and testament in case of the death of such child before marriage,
or without issue capable of inheriting, and under the age of twenty-one (21)
years. When a testator shall leave
children born and his wife enceinte, the posthumous child or children, if
unprovided for by settlement and neither provided for nor disinherited, but
only pretermitted, by the last will and testament, shall succeed to the same
portion of the father's estate as such child or children would have been
entitled to if the father had died intestate, towards raising which portion the
devisees and legatees shall contribute proportionably out of the parts devised
and bequeathed to them by the same will and testament.

SECTION
4. This act shall take effect and
be in force from and after July 1, 2004.